(1)  Each individual offering to assist veterans in applying for benefits shall:

Terms Used In Utah Code 71A-4-102

  • Accredited: means a veterans service organization representative, agent, or attorney to whom authority has been granted by the VA to provide assistance to claimants in the preparation, presentation, and prosecution of claims for VA benefits. See Utah Code 71A-4-101
  • Assistance: means an accredited individual providing claimant-specific recommendations or preparing or submitting an application for VA benefits on behalf of a claimant. See Utah Code 71A-4-101
  • Claimant: means a person who has filed or has expressed to a service organization representative, agent, or attorney an intention to file a written application for determination of entitlement to benefits provided under United States Code, Title 38, and implementing directives. See Utah Code 71A-4-101
  • Department: means the Department of Veterans and Military Affairs. See Utah Code 71A-1-101
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • VA benefits: means any payment, service, commodity, function, or status entitlement which is determined under laws administered by the VA pertaining to veterans, dependents, and survivors as well as other potential beneficiaries under United States Code, Title 38. See Utah Code 71A-4-101
  • Veteran: includes all eligible dependents. See Utah Code 71A-4-101
  • Writing: includes :Utah Code 68-3-12.5
(a)  be accredited, in compliance with the provisions of C.F.R., Title 38, Pensions, Bonuses, and Veterans’ Relief, or, if under the supervision of an accredited attorney meet the provisions of C.F.R., Title 38, pertaining to authorized claim representation under an attorney; and

(b)  disclose in writing, in a format approved by the department that the claimant can retain, the federal laws, regulations, and rules governing assistance for VA benefits.

(2)  The disclosure required by Subsection (1)(b) shall specifically include:

(a)  the individual’s:

(i)  name;

(ii)  business address;

(iii)  business phone number; and

(iv)  the registration number from the VA;

(b)  a statement of the claimant’s rights regarding the assistance for VA benefits, including that there is no charge to the claimant or a member of the claimant’s family for assistance with the initial benefits application; and

(c)  a statement that if, as a result of the individual providing assistance for a claim, income is accrued to the assisting individual from the sale of a product or other services to the claimant, the income is both justified and reasonable as compared with income from similar products and services available in the state.

(3)  No provisions of the form may be struck out or designated as nonapplicable.

(4)  Disclosure forms, when completed, shall be:

(a)  signed by both the individual providing assistance and the claimant; and

(b)  retained for three years by the assisting individual.

(5)  Copies of the disclosure form shall be provided to:

(a)  the veteran on the day the form is completed and signed; and

(b)  the department within five working days.

Renumbered and Amended by Chapter 44, 2023 General Session

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